Difference Between Judicial Separation and Divorce Decree
- If a decree of Judicial separation is passed under Section. 10 of The Hindu Marriage Act,1955, against the opponent due to marital misconduct, then the aggrieved spouse is entitled to deny conjugal relationship without breaking marital ties. The marriage between the parties remains intact even after a decree of judicial separation is passed by the court. There is possibility of reconciliation and revival of matrimonial ties.
- Divorce under brings an end to the marriage and the divorced spouse may remarry after expiry of appeal period. If divorce is granted by the court, then the divorced couple has option of remarriage with each other, if they can reconcile. If the divorced couple starts living with each other under the same roof without remarriage, then the provisions of The Protection of women from Domestic Violence Act, 2005 comes into play to protect the women.
- A decree of judicial separation can be reversed by the court granting judicial separation, a divorce decree can be revoked by the order of a higher court of review/appeal.
- Once a judicial separation order is passed, the decree holder spouse is not bound to live with the opposite party and the marital ties continue. Both the parties cannot remarry after passing of judicial separation decree. However after expiry of appeal period and in the absence of restraining orders for remarriage, the divorced couple may remarry any peron of their choice.
- Judicial separation and divorce petition can be filed under The Hindu Marriage Act,1955, on the same grounds more particularly described in Section. 13 (1) for the husband and Section. 13 (2) for the wife.
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